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GIGAMAX Terms of Use

These GIGAMAX Terms of Use is entered into between you (hereinafter referred to as
“you” or “your”) and GIGAMAX operators (as defined below). By accessing, downloading,
using or clicking on “I agree” to accept any GIGAMAX Services (as defined below)
provided by GIGAMAX (as defined below), you agree that you have read, understood and
accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter
referred to as “these Terms”) as well as our Privacy Policy at www.giga-max.online. In
addition, when using some features of the Services, you may be subject to specific
additional terms and conditions applicable to those features.

Please read the terms carefully as they govern your use of GIGAMAX Services.THESE
TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION
PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY
BINDING ARBITRATION.The terms of the arbitration provision are set forth in Article 10,
“Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any
asset, the values of Digital Currencies (as defined below) may fluctuate significantly and
there is a substantial risk of economic losses when purchasing, selling, holding or
investing in Digital Currencies and their derivatives.BY MAKING USE OF GIGAMAX
SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE
RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR
DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF
GIGAMAX SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR
DERIVATIVES; AND (3) GIGAMAX SHALL NOT BE LIABLE FOR ANY SUCH RISKS
OR ADVERSE OUTCOMES.

By accessing, using or attempting to use GIGAMAX Services in any capacity, you


acknowledge that you accept and agree to be bound by these Terms. If you do not agree,
do not access GIGAMAX or utilize GIGAMAX services.

If you would like to know more about the risks associated with investing in or trading
Digital Assets, you can access our General Risk Warning at www.giga-max.online

I. Definitions

1. GIGAMAX refers to an ecosystem comprising GIGAMAX websites (whose domain


names include but are not limited to www.giga-max.online), mobile applications, clients,
applets and other applications that are developed to offer GIGAMAX Services, and
includes independently-operated platforms, websites and clients within the ecosystem . In
case of any inconsistency between relevant terms of use of the above platforms and the
contents of these Terms, the respective applicable terms of such platforms shall prevail.
2. GIGAMAX Accounts refer to the foundational virtual accounts, including main
accounts and sub-accounts, which are opened by GIGAMAX for Users to record on
GIGAMAX their usage of GIGAMAX Services, transactions, asset changes and basic
information. GIGAMAX Accounts serve as the basis for Users to enjoy and exercise their
rights on GIGAMAX.

3. GIGAMAX Operators refer to all parties that run GIGAMAX, including but not limited
to legal persons (including GIGAMAX UAB), unincorporated organizations and teams that
provide GIGAMAX Services and are responsible for such services. For convenience,
unless otherwise stated, references to “GIGAMAX” and “we” in these Terms specifically
mean GIGAMAX Operators. UNDER THESE TERMS, GIGAMAX OPERATORS MAY
CHANGE AS GIGAMAX’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED
OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS
WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT
AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY,
THE SCOPE OF GIGAMAX OPERATORS MAY BE EXPANDED DUE TO THE
PROVISION OF NEW GIGAMAX SERVICES, IN WHICH CASE, IF YOU CONTINUE TO
USE GIGAMAX SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY
EXECUTE THESE TERMS WITH THE NEWLY ADDED GIGAMAX OPERATORS. IN
CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE
TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE
DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE
PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.

4. GIGAMAX Services refer to various services provided to you by GIGAMAX that are
based on Internet and/or blockchain technologies and offered via GIGAMAX websites,
mobile applications, clients and other forms (including new ones enabled by future
technological development). GIGAMAX Services include but are not limited to such
GIGAMAX ecosystem components as Pool,Copy Trade,Arbitrage and ETF novel services
to be provided by GIGAMAX.

5. GIGAMAX Platform Rules refer to all rules, interpretations, announcements,


statements, letters of consent and other contents that have been and will be subsequently
released by GIGAMAX, as well as all regulations, implementation rules, product process
descriptions, and announcements published in the Help Center or within products or
service processes.

6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a


certain value that are based on blockchain and cryptography technologies and are issued
and managed in a decentralized form.

7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized
assets with a certain value.
8. KYC refers to the “know-your-customer” process that GIGAMAX has put in place
before entering into a business relationship or conducting transactions with its Users. As
part of this process, GIGAMAX may do anything that it deems necessary in order to
identify Users, verify their identity, scrutinize and investigate User transactions, or comply
with any applicable law or regulation.

9. Users refer to all individuals, institutions or organizations that access, download or use
GIGAMAX or GIGAMAX Services and who meet the criteria and conditions stipulated by
GIGAMAX. If there exist other agreements for such entities as developers, distributors,
market makers, and Digital Currencies exchanges, such agreements shall be followed.

II. General Provisions

1. About These Terms

a. Contractual Relationship

These Terms constitute a legal agreement and create a binding contract between you and
GIGAMAX Operators.

b. Supplementary Terms

Due to the rapid development of Digital Currencies and GIGAMAX, these Terms between
you and GIGAMAX Operators do not enumerate or cover all rights and obligations of each
party, and do not guarantee full alignment with needs arising from future development.
Therefore,THE PRIVACY POLICY (()), GIGAMAX PLATFORM RULES, AND ALL
OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND
GIGAMAX ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL
PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR
USE OF GIGAMAX SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE
SUPPLEMENTARY TERMS.

c. Changes to These Terms

GIGAMAX reserves the right to change or modify these Terms in its discretion at any time.
GIGAMAX will notify such changes by updating the terms on its website () and modifying
the [Last revised] date displayed on this page.。ANY AND ALL MODIFICATIONS OR
CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON
THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF
GIGAMAX SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED
AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE
TERMS, YOU MUST STOP USING GIGAMAX SERVICES IMMEDIATELY. YOU ARE
RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR
UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR
ACCESS TO AND USE OF GIGAMAX SERVICES.

d. Prohibition of Use

BY ACCESSING AND USING GIGAMAX SERVICES, YOU REPRESENT AND


WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES
OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY
COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS
MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S.
DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST
OF THE U.S. DEPARTMENT OF COMMERCE. GIGAMAX RESERVES THE RIGHT TO
CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY
RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF GIGAMAX
SERVICES IN CERTAIN COUNTRIES OR REGIONS.

2. About GIGAMAX

As an important part of the GIGAMAX Ecosystem, GIGAMAX mainly serves as a global


online platform for Digital Assets trading, and provides Users with a trading platform,
financing services, technical services and other Digital Assets-related services. As further
detailed in Article 3 below, Users must register and open an account with GIGAMAX, and
deposit Digital Assets into their account prior to trading. Users may, subject to the
restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although GIGAMAX has been committed to maintaining the accuracy of the information
provided through GIGAMAX Services, GIGAMAX cannot and does not guarantee its
accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall
GIGAMAX be liable for any loss or damage that may be caused directly or indirectly by
your use of these contents. The information about GIGAMAX Services may change
without notice, and the main purpose of providing such information is to help Users make
independent decisions. GIGAMAX does not provide investment or consulting advice of
any kind, and is not responsible for the use or interpretation of information on GIGAMAX
or any other communication medium. All Users of GIGAMAX Services must understand
the risks involved in Digital Assets trading, and are recommended to exercise prudence
and trade responsibly within their own capabilities.

3. GIGAMAX Account Registration and Requirements

a. Registration
All Users must apply for a GIGAMAX Account at (https://giga-max.online) before using
GIGAMAX Services. When you register a GIGAMAX Account, you must provide the
information identified in this paragraph 3 or otherwise as requested by GIGAMAX, and
accept these Terms, the Privacy Policy, and other GIGAMAX Platform Rules. GIGAMAX
may refuse, in its discretion, to open a GIGAMAX Account for you. You agree to provide
complete and accurate information when opening a GIGAMAX Account, and agree to
timely update any information you provide to GIGAMAX to maintain the integrity and
accuracy of the information. Each User (including natural person, business or legal entity)
may maintain only one main account at any given time. However, Users can open one or
more sub-accounts under the main account with the consent of GIGAMAX. For certain
GIGAMAX Services, you may be required to set up a specific account independent from
your GIGAMAX Account, based on the provisions of these Terms or the Supplementary
Terms. The registration, use, protection and management of such trading accounts are
equally governed by the provisions of this Section and Section VI, unless otherwise stated
in these Terms or the Supplementary Terms.

b. Eligibility

By registering to use a GIGAMAX Account, you represent and warrant that: (i) as an
individual, you are at least 18 or are of legal age to form a binding contract under
applicable laws; (ii) as an individual, legal person, or other organization, you have full legal
capacity and sufficient authorizations to enter into these Terms; (iii) you have not been
previously suspended or removed from using the GIGAMAX Platform or the GIGAMAX
Services; (iv) you do not have an existing GIGAMAX Account; (v) you are not resident,
located in or otherwise attempting to access the GIGAMAX Platform or the GIGAMAX
Services from, or otherwise acting on behalf of a person or legal entity that is resident or
located in, a Restricted Location. For the purposes hereof, “Restricted Location” shall
include the United States, Malaysia, Ontario (Canada), and such other locations as
designated by GIGAMAX Operators from time to time as a “Restricted Location” for the
purposes hereof; (vi) if you act as an employee or agent of a legal entity, and enter into
these Terms on their behalf, you represent and warrant that you have all the necessary
rights and authorizations to bind such legal entity and to access and use the GIGAMAX
Platform and GIGAMAX Services on behalf of such legal entity; and (vii) your use of the
GIGAMAX Platform and the GIGAMAX Services will not violate any and all laws and
regulations applicable to you or the legal entity on whose behalf you are acting, including
but not limited to regulations on anti-money laundering, anti-corruption, and
counter-terrorist financing.

Please note that there are legal requirements in various countries which may restrict the
products and services that GIGAMAX Operators can lawfully provide. Accordingly, some
products and services and certain functionality within the GIGAMAX Platform may not be
available or may be restricted in certain jurisdictions or regions or to certain users. You
shall be responsible for informing yourself about and observing any restrictions and/or
requirements imposed with respect to the access to and use of the GIGAMAX Platform
and the GIGAMAX Services in each country from which the GIGAMAX Platform and the
GIGAMAX Services are accessed by you or on your behalf. GIGAMAX Operators reserve
the right to change, modify or impose additional restrictions with respect to the access to
and use of the GIGAMAX Platform and/the GIGAMAX Services from time to time at their
discretion at any time without prior notification.

c. User Identity Verification

Your registration of an account with GIGAMAX will be deemed your agreement to provide
required personal information for identity verification. Such information will be used to
verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and
other financial crimes through GIGAMAX, or for other lawful purposes stated by
GIGAMAX. We will collect, use and share such information in accordance with our Privacy
Policy. In addition to providing such information, you agree to allow us to keep a record of
that information during the period for which your account is active and within five (5) years
after your account is closed, in compliance with global industry standards on data storage.
You also authorize us to conduct necessary investigations directly or through a third party
to verify your identity or protect you and/or us from financial crimes, such as fraud. The
information we require to verify your identity may include, but is not limited to, your name,
email address, contact information, phone number, username, government-issued ID,
date of birth, and other information collected during account registration. When providing
the required information, you confirm it is true and accurate.AFTER REGISTRATION,
YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY
UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT
ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED
OR INCOMPLETE, GIGAMAX RESERVES THE RIGHT TO SEND YOU A NOTICE TO
DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND,
AS THE CASE MAY BE, TERMINATE ALL OR PART OF GIGAMAX SERVICES WE
PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT
INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS
OR EXPENSE CAUSED TO GIGAMAX DURING YOUR USE OF GIGAMAX SERVICES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION
TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.BY REGISTERING
AN ACCOUNT, YOU HEREBY AUTHORIZE GIGAMAX TO CONDUCT
INVESTIGATIONS THAT GIGAMAX CONSIDERS NECESSARY, EITHER DIRECTLY
OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU,
OTHER USERS AND/OR GIGAMAX FROM FRAUD OR OTHER FINANCIAL CRIMES,
AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH
INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR
PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND
AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION,
WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.
d. Account Usage Requirements

The GIGAMAX Account can only be used by the account registrant. GIGAMAX reserves
the right to suspend, freeze or cancel the use of GIGAMAX Accounts by persons other
than account registrant. If you suspect or become aware of any unauthorized use of your
username and password, you should notify GIGAMAX immediately. GIGAMAX assumes
no liability for any loss or damage arising from the use of GIGAMAX Account by you or
any third party with or without your authorization.

e. Account Security

GIGAMAX has been committed to maintaining the security of User entrusted funds, and
has implemented industry standard protection for GIGAMAX Services. However, the
actions of individual Users may pose risks. You shall agree to treat your access
credentials (such as username and password) as confidential information, and not to
disclose such information to any third party. You also agree to be solely responsible for
taking the necessary security measures to protect your GIGAMAX Account and personal
information.

You should be solely responsible for keeping safe of your GIGAMAX Account and
password, and be responsible for all the transactions under your GIGAMAX Account.
GIGAMAX assumes no liability for any loss or consequences caused by authorized or
unauthorized use of your account credentials, including but not limited to information
disclosure, information release, consent or submission of various rules and agreements
by clicking on the website, online agreement renewal, etc.
By creating a GIGAMAX Account, you hereby agree that:

1. you will notify GIGAMAX immediately if you are aware of any unauthorized use of
your GIGAMAX Account and password or any other violation of security rules;

2. you will strictly abide by all mechanisms or procedures of GIGAMAX regarding


security, authentication, trading, charging, and withdrawal; and

3. you will take appropriate steps to logout from GIGAMAX at the end of each visit.

III. Liabilities

1. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GIGAMAX


SERVICES, GIGAMAX MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM
PROVIDED BY OR ON BEHALF OF GIGAMAX ARE OFFERED ON AN “AS IS” AND
“AS AVAILABLE” BASIS, AND GIGAMAX EXPRESSLY DISCLAIMS, AND YOU
WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF
PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING
THE FOREGOING, GIGAMAX DOES NOT REPRESENT OR WARRANT THAT THE
SITE, GIGAMAX SERVICES OR GIGAMAX MATERIALS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. GIGAMAX DOES NOT GUARANTEE THAT ANY
ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT
FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN
THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT
RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN
OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF GIGAMAX SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE
THAT GIGAMAX WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING
OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF
DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION
OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR
UNSCHEDULED MAINTENANCE CARRIED OUT BY GIGAMAX AND SERVICE
INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY
DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION
OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER
THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY GIGAMAX; AND (G)
OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES
ISSUED BY GIGAMAX.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT
APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE
JURISDICTION IN WHICH YOU RESIDE.

2. Disclaimer of Damages and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL


GIGAMAX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS,
DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS,
REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR
DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER
BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF GIGAMAX SERVICES,
ANY PERFORMANCE OR NON-PERFORMANCE OF GIGAMAX SERVICES, OR ANY
OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF
GIGAMAX AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE,
STRICT LIABILITY OR OTHER THEORY EVEN IF GIGAMAX HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL
JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF
GIGAMAX’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR
INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF
GIGAMAX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS,
DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS,
REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES
OFFERED BY OR ON BEHALF OF GIGAMAX AND ITS AFFILIATES, ANY
PERFORMANCE OR NON-PERFORMANCE OF GIGAMAX SERVICES, OR ANY
OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT,
STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE
FEES PAID BY YOU TO GIGAMAX UNDER THESE TERMS IN THE TWELVE-MONTH
PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR
LIABILITY.

3. Indemnification

You agree to indemnify and hold harmless GIGAMAX Operators, their affiliates,
contractors, licensors, and their respective directors, officers, employees and agents from
and against any claims, actions, proceedings, investigations, demands, suits, costs,
expenses and damages (including attorneys’ fees, fines or penalties imposed by any
regulatory authority) arising out of or related to (i) your use of, or conduct in connection
with, GIGAMAX Services, (ii) your breach or our enforcement of these Terms, or (iii) your
violation of any applicable law, regulation, or rights of any third party during your use of
GIGAMAX Services. If you are obligated to indemnify GIGAMAX Operators, their affiliates,
contractors, licensors, and their respective directors, officers, employees or agents
pursuant to these Terms, GIGAMAX will have the right, in its sole discretion, to control any
action or proceeding and to determine whether GIGAMAX wishes to settle, and if so, on
what terms.

VI. Termination of Agreement

1. Suspension of GIGAMAX Accounts

You agree that GIGAMAX shall have the right to immediately suspend your GIGAMAX
Account (and any accounts beneficially owned by related entities or affiliates), freeze or
lock the Digital Assets or funds in all such accounts, and suspend your access to
GIGAMAX for any reason including if GIGAMAX suspects any such accounts to be in
violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You
agree that GIGAMAX shall not be liable to you for any permanent or temporary
modification of your GIGAMAX Account, or suspension or termination of your access to all
or any portion of GIGAMAX Services. GIGAMAX shall reserve the right to keep and use
the transaction data or other information related to such GIGAMAX Accounts. The above
account controls may also be applied in the following cases:

 The GIGAMAX Account is subject to a governmental proceeding, criminal


investigation or other pending litigation;

 We detect unusual activities in the GIGAMAX Account;

 We detect unauthorized access to the GIGAMAX Account;

 We are required to do so by a court order or command by a regulatory/government


authority.

2. Cancellation of GIGAMAX Accounts

In case of any of the following events, GIGAMAX shall have the right to directly terminate
these Terms by cancelling your GIGAMAX Account, and shall enjoy the right but not the
obligation to permanently freeze (cancel) the authorizations of your GIGAMAX Account on
GIGAMAX and withdraw the corresponding GIGAMAX Account thereof:

Should your GIGAMAX Account be terminated, the account and transactional information
that meet data retention standards will be securely stored for 5 years. In addition, if a
transaction is unfinished during the account termination process, GIGAMAX shall have
the right to notify your counterparty of the situation at that time. You acknowledge that a
user-initiated account exit (right to erasure under GDPR or other equivalent regulations)
will also be subjected to the termination protocol stated above.
If GIGAMAX is informed that any Digital Assets or funds held in your GIGAMAX Account
are stolen or otherwise are not lawfully possessed by you, GIGAMAX may, but has no
obligation to, place an administrative hold on the affected funds and your GIGAMAX
Account. If GIGAMAX does lay down an administrative hold on some or all of your funds
or GIGAMAX Account, GIGAMAX may continue such hold until such time as the dispute
has been resolved and evidence of the resolution acceptable to GIGAMAX has been
provided to GIGAMAX in a form acceptable to GIGAMAX. GIGAMAX will not involve itself
in any such dispute or the resolution of the dispute. You agree that GIGAMAX will have no
liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or
funds or execute trades during the period of any such hold.
VII. No Financial Advice

GIGAMAX is not your broker, intermediary, agent, or advisor and has no fiduciary
relationship or obligation to you in connection with any trades or other decisions or
activities effected by you using GIGAMAX Services. No communication or information
provided to you by GIGAMAX is intended as, or shall be considered or construed as,
investment advice, financial advice, trading advice, or any other sort of advice. Unless
otherwise specified in these Terms, all trades are executed automatically, based on the
parameters of your order instructions and in accordance with posted trade execution
procedures, and you are solely responsible for determining whether any investment,
investment strategy or related transaction is appropriate for you according to your
personal investment objectives, financial circumstances and risk tolerance, and you shall
be solely responsible for any loss or liability therefrom. You should consult legal or tax
professionals regarding your specific situation. GIGAMAX does not recommend that any
Digital Asset should be bought, earned, sold, or held by you. Before making the decision
to buy, sell or hold any Digital Asset, you should conduct your own due diligence and
consult your financial advisors prior to making any investment decision. GIGAMAX will not
be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on
the information provided by GIGAMAX.

VIII. Compliance with Local Laws

It is Users’ responsibility to abide by local laws in relation to the legal usage of GIGAMAX
Services in their local jurisdiction as well as other laws and regulations applicable to Users.
Users must also factor, to the extent of their local laws all aspects of taxation, the
withholding, collection, reporting and remittance to their appropriate tax authorities.ALL
USERS OF GIGAMAX SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR
FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM
ILLEGAL ACTIVITIES; USERS AGREE THAT GIGAMAX WILL REQUIRE THEM TO
PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND
MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY
THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. GIGAMAX maintains
a stance of cooperation with law enforcement authorities globally and will not hesitate to
seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated
by legal mandate.

IX. Privacy Policy

Access to GIGAMAX Services will require the submission of certain personally identifiable
information. Please review GIGAMAX’s Privacy Policy at www.GIGAMAX.com/en/privacy
for a summary of GIGAMAX’s guidelines regarding the collection and use of personally
identifiable information.
X. Resolving Disputes: Forum, Arbitration, Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF


CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS
ACTION.

1. Notice of Claim and Dispute Resolution Period. Please contact GIGAMAX first!
GIGAMAX wants to address your concerns without resorting to formal legal proceedings,
if possible. If you have a dispute with GIGAMAX, then you should contact GIGAMAX and
a ticket number will be assigned. GIGAMAX will attempt to resolve your dispute internally
as soon as possible. The parties agree to negotiate in good faith to resolve the dispute
(which discussions shall remain confidential and be subject to applicable rules protecting
settlement discussions from use as evidence in any legal proceeding).

In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal
claim against GIGAMAX, then you agree to set forth the basis of such claim in writing in a
“Notice of Claim,” as a form of prior notice to GIGAMAX. The Notice of Claim must (1)
describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought,
(3) provide the original ticket number, and (4) include your GIGAMAX account email. The
Notice of Claim should be submitted to an email address or hyperlink provided in your
correspondence with GIGAMAX. After you have provided the Notice of Claim to
GIGAMAX, the dispute referenced in the Notice of Claim may be submitted by either
GIGAMAX or you to arbitration in accordance with paragraph 2 of this Section, below. For
the avoidance of doubt, the submission of a dispute to GIGAMAX for resolution internally
and the delivery of a Notice of Claim to GIGAMAX are prerequisites to commencement of
an arbitration proceeding (or any other legal proceeding). During the arbitration, the
amount of any settlement offer made by you or GIGAMAX shall not be disclosed to the
arbitrator.

3. Agreement to Arbitrate and Governing Law. You and GIGAMAX Operators agree
that, subject to paragraph 1 above, any dispute, claim, or controversy between you and
GIGAMAX (and/or GIGAMAX Operators) arising in connection with or relating in any way
to these Terms or to your relationship with GIGAMAX (and/or GIGAMAX Operators) as a
user of GIGAMAX Services (whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and whether the claims arise during or after
the termination of these Terms) will be determined by mandatory final and binding
individual (not class) arbitration, except as set forth below under Exceptions to Agreement
to Arbitrate. You and GIGAMAX Operators further agree that the arbitrator shall have the
exclusive power to rule on his or her own jurisdiction, including without limitation any
objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or
to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit
in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF
AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in
court. The arbitrator must follow this agreement and can award the same damages and
relief as a court (including, if applicable, attorney fees), except that the arbitrator may not
award declaratory or injunctive relief in favour of anyone but the parties to the arbitration.
The arbitration provisions set forth in this Section will survive termination of these Terms.
Arbitration Rules. The arbitration shall be subject to the HKIAC Administered Arbitration
Rules (HKIAC. Rules) in force when the Notice of Arbitration is submitted, as modified by
this Section X. The arbitration will be administered by the Hong Kong International
Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one
arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be
conducted in the English language. Regardless of the manner in which the arbitration is
conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the
essential findings and conclusions on which the decision and award, if any, are based.
JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING
JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY)
AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY
ARBITRATION AGAINST GIGAMAX OPERATORS MUST BE COMMENCED BY FILING
A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE
PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW
OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE
SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN
THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE
INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF
THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY
CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a
one-year limitation period for asserting claims, any claim must be asserted within the
shortest time period permitted by applicable law. Process; Notice: The party who intends
to seek arbitration after the expiration of the Dispute Resolution Period set forth in
paragraph 1, above, must submit a request to the HKIAC in accordance with the HKIAC
Rules. If we request arbitration against you, we will give you notice at the email address or
mailing address you have provided. You agree that any notice sent to this email or mailing
address shall be deemed effective for all purposes, including without limitation to
determinations of adequacy of service. It is your obligation to ensure that the email
address and/or mailing address on file with GIGAMAX is up-to-date and accurate. Seat of
Arbitration: The seat of the arbitration shall be Hong Kong. Place of Hearing: The location
of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by
the parties. Governing Law: These Terms (including this arbitration agreement) shall be
governed by, and construed in accordance with, the laws of Hong Kong. Confidentiality.
The parties agree that the arbitration shall be kept confidential. The existence of the
arbitration, any nonpublic information provided in the arbitration, and any submissions,
orders or awards made in the arbitration (together, the “Confidential Information”) shall not
be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel,
experts, witnesses, accountants and auditors, insurers and reinsurers, and any other
person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party
may disclose Confidential Information to the extent that disclosure may be required to
fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona
fide legal proceedings. This confidentiality provision shall survive termination of these
Terms and of any arbitration brought pursuant to these Terms.

4. Modifications. GIGAMAX reserves the right to update, modify, revise, suspend, or


make any future changes to Section X regarding the parties’ Agreement to Arbitrate,
subject to applicable law. You hereby consent and agree that it is your responsibility to
ensure that your understanding of this Section is up to date. Subject to the applicable law,
your continued use of your GIGAMAX account shall be deemed to be your acceptance of
any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree
that if you object to the modifications to Section X, GIGAMAX may block access to your
account pending closure of your account. In such circumstances, the Terms of Use prior
to modification shall remain in full force and effect pending closure of your account.

5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable


for any reason or to any extent, the remainder of these Terms will remain valid and
enforceable and the invalid or unenforceable portion will be given effect to the greatest
extent permitted by law. pending closure of your account.

XI. Miscellaneous

1. Independent Parties. GIGAMAX is an independent contractor but not an agent of you


in the performance of these Terms. These Terms shall not be interpreted as facts or
evidence of an association, joint venture, partnership, or franchise between the parties.

2. Entire Agreement. These Terms constitute the entire agreement between the parties
regarding use of GIGAMAX Services and will supersede all prior written or oral
agreements between the parties. No usage of trade or other regular practice or method of
dealing between the parties will be used to modify, interpret, supplement, or alter the
terms herein.

3. Interpretation and Revision. GIGAMAX reserves the right to alter, revise, modify,
and/or change these Terms at any time. All changes will take effect immediately upon
being published on GIGAMAX websites. It is your responsibility to regularly check relevant
pages on our websites/applications to confirm the latest version of these Terms. If you do
not agree to any such modifications, your only remedy is to terminate your usage of
GIGAMAX Services and cancel your account. You agree that, unless otherwise expressly
provided in these Terms, GIGAMAX will not be responsible for any modification or
termination of GIGAMAX Services by you or any third party, or suspension or termination
of your access to GIGAMAX Services.

4. Language & Translations: These Terms may, at GIGAMAX’s sole and absolute
discretion, be translated into a language other than the English language. You agree that
any such translation shall only be for your convenience and the English text shall prevail in
the event of any ambiguity, discrepancy or omission as between the English text and any
translated text.

5. Force Manure. GIGAMAX will not be liable for any delay or failure to perform as
required by these Terms because of any cause or condition beyond GIGAMAX’s
reasonable control.

6. Severability. If any portion of these Terms is held invalid or unenforceable, such


invalidity or enforceability will not affect the other provisions of these Terms, which will
remain in full force and effect, and the invalid or unenforceable portion will be given effect
to the greatest extent possible.

7. Assignment. You may not assign or transfer any right to use GIGAMAX Services or
any of your rights or obligations under these Terms without prior written consent from
GIGAMAX, including any right or obligation related to the enforcement of laws or the
change of control. GIGAMAX may assign or transfer any or all of its rights or obligations
under these Terms, in whole or in part, without notice or obtaining your consent or
approval.

8. Waiver. The failure of one party to require performance of any provision will not affect
that party’s right to require performance at any time thereafter. At the same time, the
waiver of one party to seek recovery for the other party’s violation of these Terms or any
provision of applicable terms shall not constitute a waiver by that party of any subsequent
breach or violation by the other party or of the provision itself.

9. Third-Party Website Disclaimer. Any links to third-party websites from GIGAMAX


Services does not imply endorsement by GIGAMAX of any product, service, information
or disclaimer presented therein, nor does GIGAMAX guarantee the accuracy of the
information contained on them. If you suffer loss from using such third-party product and
service, GIGAMAX will not be liable for such loss. In addition, since GIGAMAX has no
control over the terms of use or privacy policies of third-party websites, you should read
and understand those policies carefully.

10. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to
participate in any commercial activities or reward programs through GIGAMAX Services,
such activities and programs are provided by GIGAMAX and are not associated with
Apple Inc. in any manner.

11. Contact Information. For more information on GIGAMAX, you may refer to the
company and license information found on GIGAMAX websites. If you have questions
regarding these Terms, please feel free to contact GIGAMAX for clarification via our
Customer Support team at admin@giga-max.online

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